Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
2. The next article of complaint was with respect to contraband goods.
If gentlemen will consult the law of nations, they will find that the
articles mentioned in the British Treaty are by the law of nations
contraband articles. They will find that in all the treaties with
Denmark and Sweden, Great Britain had made the same stipulation. Indeed,
the gentleman had acknowledged that it was so stated by some writers on
the law of nations; but he wished to derogate from the authority of
those writers, in the same way as Mr. Genet, in his correspondence with
Mr. Jefferson, had called them "worm-eaten folios and musty aphorisms;"
to _Vattel_ might be added _Valin's_ Ordinances, a very respectable work
in France. How, then, can the gentleman with truth say that we have
deviated from the law of nations?
3. The last point which the gentleman took notice of was the provision
article. There was no doubt that this Government would never allow
provisions to be deemed contraband, except when going to a besieged or
blockaded port. Though he made this declaration, yet it was but candid
to acknowledge that this was stated by _Vattel_ to be the law of
nations. [He read an extract from _Vattel_.]
When this was stated by Lord Grenville to Mr. Pinckney, our then
Minister in London, Mr. Pinckney acknowledged it to be so stated in
_Vattel_, but very ingeniously argued that France could not be
considered as in the situation mentioned in _Vattel_, since provisions
were cheaper there than they were in England, and therefore the case did
not apply. When our Envoy was sent to London, both parties were
tenacious on this ground. Our Minister was unwilling to agree to this
construction of the law of nations; but the British Minister insisted
upon it, and if there had not been some compromise, the negotiation must
have been broken off, and a war probably ensued. The result was,
therefore, that, without admitting it to be the law of nations, it was
agreed that where provisions were contraband by the law of nations, they
should be paid for, but not confiscated, as the law of nations
(admitting that construction) would have authorized. Therefore some
advantage was secured to France, for if Great Britain had confiscated
our vessels going to France with provisions, it would certainly have
damped the ardor of our citizens employed in that commerce; but under
this regulation our merchants were certain of being paid for their
cargoes, whether they arrived in France or were carried into England.
These were the three grounds of objection which the gentleman from
Virginia had stated as grounds of complaint by the French against the
British Treaty.
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